Singapore legislation

Section 160

of Copyright Act 2021

Section 160

Assessment of damages

(1)

This section applies if —

(a)

the copyright owner or the exclusive licensee brings an infringement action for an infringement; and

(b)

the other party is not a claimant in that action.

(2)

If the Court orders the payment of damages or statutory damages for the infringement, the following matters must be considered in assessing damages or statutory damages:

(a)

any right of action exercisable by the other party under that section in respect of the infringement;

(b)

if the action is brought by the exclusive licensee — any liabilities (whether for royalties or otherwise) to which the licence is subject;

(c)

if a separate infringement action is brought by the other party for the infringement — any pecuniary remedy already awarded to the other party under section 305 in respect of the infringement.